II 110th CONGRESS 1st Session S. 2201 IN THE SENATE OF THE UNITED STATES October 18, 2007 Mr. Coleman (for himself and Mr. Martinez) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for the penalty-free use of retirement funds for mortgage delinquency relief.

1.

Short title

This Act may be cited as the Home Ownership Mortgage Emergency Act or the HOME Act.

2.

Tax-favored withdrawals from retirement plans for mortgage delinquency relief

(a)

In General

Section 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified mortgage delinquency relief distribution. (b)

Aggregate Dollar Limitation

(1)

In general

For purposes of this section, the aggregate amount of distributions received by an individual which may be treated as qualified mortgage delinquency relief distributions for any taxable year shall not exceed the excess (if any) of— (A)$100,000, over (B)the aggregate amounts treated as qualified mortgage delinquency relief distributions received by such individual for all prior taxable years. (2)

Treatment of plan distributions

If a distribution to an individual would (without regard to paragraph (1)) be a qualified mortgage delinquency relief distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified mortgage delinquency relief distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (3)

Controlled group

For purposes of paragraph (2), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of such Code. (c)

Amount Distributed May Be Repaid

(1)

In general

Any individual who receives a qualified mortgage delinquency relief distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue Code of 1986, as the case may be. (2)

Treatment of repayments of distributions from eligible retirement plans other than iras

For purposes of such Code, if a contribution is made pursuant to paragraph (1) with respect to a qualified mortgage delinquency relief distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified mortgage delinquency relief distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (3)

Treatment of repayments for distributions from iras

For purposes of such Code, if a contribution is made pursuant to paragraph (1) with respect to a qualified mortgage delinquency relief distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified mortgage delinquency relief distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (d)

Definitions

For purposes of this section— (1)

Qualified mortgage delinquency relief distribution

Except as provided in subsection (b), the term qualified mortgage delinquency relief distribution means any distribution from an eligible retirement plan made on or after the date of the enactment of this Act and before January 1, 2010, to an individual— (A)whose acquisition indebtedness (as defined in section 163(h)(3)(B) of the Internal Revenue Code of 1986, without regard to clause (ii) thereof) with respect to the principal residence of the taxpayer is in delinquency for at least 60 days, and (B)whose adjusted gross income (as defined in section 62 of the such Code) for the taxable year of such distribution does not exceed $114,000 ($166,000 in the case of a joint return under section 6013 of such Code). (2)

Eligible retirement plan

The term eligible retirement plan shall have the meaning given such term by section 402(c)(8)(B) of such Code. (3)

Principal residence

The term principal residence has the same meaning as when used in section 121 of such Code. (e)

Income Inclusion Spread Over 3 Year Period for Qualified Mortgage Delinquency Relief Distributions

(1)

In general

In the case of any qualified mortgage delinquency relief distribution, unless the taxpayer elects not to have this subsection apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year. (2)

Special rule

For purposes of paragraph (1), rules similar to the rules of subparagraph (E) of section 408A(d)(3) of the Internal Revenue Code of 1986 shall apply. (f)

Special Rules

(1)

Exemption of distributions from trustee to trustee transfer and withholding rules

For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified mortgage delinquency relief distributions shall not be treated as eligible rollover distributions. (2)

Qualified mortgage delinquency relief distributions treated as meeting plan distribution requirements

For purposes of such Code, a qualified mortgage delinquency relief distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code. (g)

Provisions relating to plan amendments

(1)

In general

If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2)

Amendments to which subsection applies

(A)

In general

This subsection shall apply to any amendment to any plan or annuity contract which is made— (i)pursuant to any amendment made by this section, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under this section, and (ii)on or before the last day of the first plan year beginning on or after January 1, 2010, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii).(B)

Conditions

This subsection shall not apply to any amendment unless— (i)during the period— (I)beginning on the date the legislative or regulatory amendment described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan), and (II)ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and(ii)such plan or contract amendment applies retroactively for such period.